The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8531
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 19, 2017
                                ___________
 
 Introduced by M. of A. TITONE -- read once and referred to the Committee
   on Veterans' Affairs
 
 AN  ACT  to amend the military law, in relation to the issuance of a New
   York State Vietnam War Service Medal
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 247 of the military law is amended by adding a new
 subdivision 1-c to read as follows:
   1-C. THE ADJUTANT GENERAL IS HEREBY AUTHORIZED TO PRESENT IN THE  NAME
 OF THE LEGISLATURE OF THE STATE OF NEW YORK, A MEDAL, TO BE KNOWN AS THE
 "NEW   YORK  STATE  VIETNAM  WAR  SERVICE  MEDAL",  BEARING  A  SUITABLE
 INSCRIPTION, TO ANY PERSON: (I) WHO IS A CITIZEN OF  THE  STATE  OF  NEW
 YORK;  OR  (II) WHO WAS A CITIZEN OF THE STATE OF NEW YORK WHILE SERVING
 IN THE ARMED FORCES OF THE UNITED STATES; (III) WHO SERVED IN THE UNITED
 STATES ARMED FORCES, DEFINED AS ARMY, AIR FORCE, NAVY, MARINE CORPS,  OR
 COAST GUARD, OR THE ORGANIZED MILITIA ON ACTIVE DUTY ABROAD IN THE VIET-
 NAM  WAR DURING THE PERIOD OF TIME FROM NOVEMBER FIRST, NINETEEN HUNDRED
 FIFTY-FIVE THROUGH APRIL THIRTIETH, NINETEEN HUNDRED  SEVENTY-FIVE;  AND
 (IV)  WHO  WAS  HONORABLY DISCHARGED OR RELEASED UNDER HONORABLE CIRCUM-
 STANCES DURING THE VIETNAM WAR. NOT MORE THAN ONE NEW YORK STATE VIETNAM
 WAR SERVICE MEDAL SHALL BE AWARDED OR PRESENTED, UNDER THE PROVISIONS OF
 THIS SUBDIVISION, TO ANY PERSON WHOSE ENTIRE SERVICE SUBSEQUENT  TO  THE
 TIME  OF  THE  RECEIPT OF SUCH MEDAL SHALL NOT HAVE BEEN HONORABLE.  FOR
 EACH SUCCEEDING STAR AS PROVIDED HEREIN, SUCH PERSON SHALL  BE  ENTITLED
 TO  WEAR,  AS THE CHIEF OF STAFF OF THE STATE MAY DIRECT, A RIBBON WHOSE
 COLOR AND DESIGN SHALL BE SELECTED BY THE DIVISION OF MILITARY AND NAVAL
 AFFAIRS. IN THE EVENT OF THE DEATH OF ANY PERSON DURING OR SUBSEQUENT TO
 THE RECEIPT OF SUCH CERTIFICATE IT SHALL BE PRESENTED TO SUCH  REPRESEN-
 TATIVE  OF  THE  DECEASED AS MAY BE DESIGNATED. THE ADJUTANT GENERAL, IN
 CONSULTATION WITH THE DIRECTOR OF THE  DIVISION  OF  VETERANS'  AFFAIRS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04383-01-7

 A. 8531                             2
 
 SHALL MAKE SUCH RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR THE
 PROPER PRESENTATION AND DISTRIBUTION OF SUCH MEDALS.
   §  2.  Subdivision 4 of section 247 of the military law, as amended by
 chapter 477 of the laws of 2013, is amended to read as follows:
   4. This section shall not be construed to require that a recipient  of
 the  conspicuous  service  cross, the conspicuous service star [or], the
 Cold War Certificate OR THE NEW YORK STATE VIETNAM WAR SERVICE MEDAL has
 been a resident of the state of New York at the time of his or her entry
 into the United States army, air force, navy, marine  corps,  or  nurses
 corps.
   §  3.  Subdivision 1-a of section 247 of the military law, as added by
 chapter 184 of the laws of 1998, is amended to read as follows:
   1-a. The governor is hereby authorized to present in the name  of  the
 legislature of the state of New York, a military decoration, to be known
 as  the  "conspicuous  service  star",  bearing  a suitable inscription,
 device, and ribbon, all of which shall be of  suitable  design,  to  any
 person  (i)  who is a citizen of the state of New York or (ii) who was a
 citizen of the state of New York while serving in the  armed  forces  of
 the  United  States,  and  who, while serving in the United States Armed
 Forces, defined as army, air force, navy, marine corps, or coast  guard,
 has, or shall have received a United States unit level decoration denot-
 ing combat participation and foreign unit awards, issued from a company,
 regimental, brigade, or division commander, or equivalent naval unit, or
 issued by the President of the United States, the Congress of the United
 States,  the  United  States  Defense  Department or the joint chiefs of
 staff, such as, but not limited to, a presidential unit  citation  or  a
 joint meritorious unit award. Not more than one conspicuous service star
 shall  be issued to any one person; nor shall any citation be awarded or
 presented, under the provisions of this subdivision, to any person whose
 entire service subsequent to the time of the receipt of such star  shall
 not  have  been  honorable. For each succeeding star as provided herein,
 such person shall be entitled to wear, as the  chief  of  staff  of  the
 state  may  direct, a ribbon whose color and design shall be selected by
 the division of [miliary] MILITARY AND NAVAL affairs. In  the  event  of
 the  death  of  any  person  during or subsequent to the receipt of such
 citation the conspicuous service star shall be presented to such  repre-
 sentative of the deceased as may be designated. The chief of staff shall
 make such rules and regulations as may be deemed necessary for the prop-
 er presentation and distribution of such decorations.
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law.  The division of military and naval affairs
 is authorized to promulgate any and all rules and regulations  and  take
 any  other measures necessary to implement the provisions of this act on
 its effective date on or before such date.